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(A) Information required. Each registrant, permit holder, or any other person installing any underground facility or equipment that is now, or in the future, to be connected to the city’s underground facilities must provide to-scale engineering plans certifying the “as-built” location of all equipment installed, owned, or maintained by the registrant, permit holder, or other underground installer in a form required by the Planner. The maps and drawings must include the horizontal and vertical location of all facilities and equipment in a manner that is consistent with the city’s electronic mapping system whenever practical or when ordered by the Planner. Failure to provide the maps and drawings required by this section shall, in addition to other remedies, constitute adequate grounds for revocation of the permit holder’s registration and any permit issued under this chapter. No security required pursuant to § 71.05(I) shall be released until the information required under this section is provided. The maps and drawings must include the following information:
(1) Scaled drawings showing the exact location of all facilities and improvements installed by the applicant. The applicant will be requested to submit, in English measurement: two paper copies of 50-scale plans, and one electronic plan in AutoCAD format with X, Y, Z dimensions to one-foot accuracy. The plans must be dimensional and show all utilities, curb and gutter, sidewalks, bikeways, signal poles, driveways, boxes, and structures. If the applicant chooses to submit this data in a different format, he or she shall be responsible for the additional payment of the data conversion fee in an amount as set by Council from time to time;
(2) The type and size of the utility;
(3) A description showing above-ground appurtenances;
(4) A legend explaining symbols, characters, abbreviations, scale, and other data shown on the map; and
(5) Any facilities to be abandoned, if applicable, in conformance with M.S. § 216D.04, subd. 3, as it may be amended from time to time.
(B) Submittal requirement.
(1) Within 30 days after the acquisition, installation, or construction of additional equipment or facilities, or any relocation, abandonment, or disuse of existing equipment or facilities, each registrant shall submit the mapping data required herein.
(2) Within two years after the effective date of this section, all telecommunication right-of-way users shall submit detailed plans, if available, in accordance with division (A) above, for all facilities and equipment installed, used, or abandoned within the public right-of-way.
(3) Notwithstanding the foregoing, mapping data shall be submitted by all registrants for all equipment and facilities which are to be installed or constructed after the effective date of this section at any time any permits are sought pursuant to this chapter.
(4) Six months after the effective date of this section, a new registrant or a registrant which has not submitted a plan as required under division (B)(2) above shall submit complete and accurate mapping data for all its equipment and facilities at the time any permits are sought pursuant to this chapter.
(C) Trade secret information. At the request of any registrant, information requested by the city which qualifies as “trade secret” data under M.S. § 13.37, as it may be amended from time to time, shall be treated as trade secret information as detailed therein.
(D) Service laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minn. Rules part 7560.0150, subpart 2, shall require the use of appropriate means of establishing the vertical and horizontal locations of installed service laterals, to the extent technically feasible, as determined by the Planner. Permit holders, or his or her subcontractors, must submit to the Planner evidence satisfactory to the Planner of the installed service lateral locations. Compliance with this division (D) and with applicable Gopher State One-Call Law and Minnesota Rules governing service laterals installed after December 31, 2005, shall be a condition to city approval of:
(1) Payment to contractors working on a city improvement projects, including those under M.S. Chapter 429, as it may be amended from time to time; and
(2) City approval of performance under development agreements, or other subdivision or site plan approval under M.S. Chapter 462, as it may be amended from time to time. Each utility shall utilize the appropriate means and methods of providing to the city accurate location of the newly-installed, or applicable repair to, service laterals, subject to the approval of the Planner. Failure to provide prompt and accurate information on the service laterals installed may result in the city’s withholding of applicable approvals, or in the revocation of the permit issued for the applicable work, or for future permits to the offending permit holder or his or her subcontractor.
(Ord. 277, passed 11-13-2017)
(A) Location of facilities; undergrounding. Within the city where the city determines that underground location and relocation, installation, and reinstallation of facilities in the right-of-way, or in or on other public ground, promotes the safe travel of the public over the right-of-way, the safety of homes and buildings in the vicinity, or the orderly development of the city, the city may direct that any construction and installation of new facilities, and the replacement of old facilities, shall be done underground, or contained within buildings or other structures in conformity with applicable codes. Telecommunications right-of-way users may attach equipment and facilities to existing poles and structures maintained by a service or utility service. This section is intended to be enforced consistently with state and federal law regulating right-of-way users, specifically including, but not limited to, M.S. §§ 161.45, 237.162, 237.163, 301B.01, 222.37, 238.084, and 216B.36, as they may be amended from time to time, and the Telecommunications Act of 1996, 47 U.S.C. §§ 253 et seq.
(B) Purpose. The City Council finds it is in the public interest, and necessary for the comfort and convenience of the city, that all equipment or facilities newly installed, reinstalled, located, or relocated, or newly constructed or reconstructed facilities in the public right-of-way, or in other public property, be placed underground in order to promote and preserve the health, safety, and general welfare of the public, and to assure the orderly development of the city except for antenna and pole-mounted equipment.
(C) Undergrounding required. Where directed by the city, newly installed, reinstalled, located, or relocated, or newly constructed or reconstructed facilities in the public right-of-way, or in other public property held in common for public use, must be located and maintained underground pursuant to the terms and conditions of this section, and in accordance with applicable construction standards, subject to the following exceptions: above-ground installation, construction, modification, or replacement of meters, gauges, transformers, street lighting, pad mount switches, capacitor banks, reclosers, and service connection pedestals.
(D) Exceptions to undergrounding. The following exceptions to the strict application of this section may be allowed, at the discretion of the city upon the conditions stated:
(1) Above-ground installation, construction, or placement of those facilities commonly referred to as “high voltage transmission lines” shall be allowed unless the Council requires undergrounding of the facilities after providing the right-of-way user notice and an opportunity to be heard. This provision shall not be construed as waiving the requirements of any other ordinance or regulation of the city as the same may apply to any proposed project;
(2) Above-ground installation, construction, or placement of facilities shall be allowed in residential, commercial, and industrial areas where the Council finds that:
(a) Underground placement would place an undue financial burden upon the landowner, ratepayers, or right-of-way user, or would deprive the landowner of the preservation and enjoyment of substantial property rights;
(b) Underground placement is impractical or not technically feasible due to topographical, subsoil, or other existing conditions which adversely affect underground facilities placement; or
(c) Failure to promote the purposes of undergrounding. The right-of-way user clearly and convincingly demonstrates that none of the purposes under this section would be advanced by underground placement of facilities on the project in question, or the city determines on its own review that undergrounding is not warranted based on the circumstances of the proposed undergrounding.
(3) Above-ground installation, construction, or placement of temporary service lines shall only be allowed:
(a) During new construction of any project for a period not to exceed three months;
(b) During an emergency in order to safeguard lives or property within the city; or
(c) For a period of not more than seven months when soil conditions make excavation impractical.
(E) Appeal. Within 30 days after a decision by the Planner requiring the undergrounding of utilities, equipment, or facilities, any person requesting a waiver based upon one of the foregoing exceptions may appeal to the City Council for a determination. Any appeal must be in writing and filed in the office of the City Administrator. If no timely appeal is made, the decision of the Planner shall become final.
(F) Existing utilities.
(1) The City Council may, from time to time, conduct public hearings to ascertain whether the public necessity, convenience, health, or safety requires the removal of poles and overhead lines, and associated overhead structures from some designated areas of the city. For this purpose, the city shall notify all affected property owners, as shown in the last recorded tax roll of the city affected by the utility, by mail of the time and place of the hearing at least 30 days prior to the date thereof. If, after the hearing, the City Council finds that the public necessity, convenience, health, or safety requires the removal, the Council shall, by ordinance amending this chapter, declare an area as an underground utility district.
(2) The ordinance shall include a description of the area comprising the district, and shall fix the time within which the poles and overhead lines, and associated overhead structures, must be removed, and within which affected property owners must be ready to receive underground service. The Council shall allow a reasonable time for the removal, having due regard for the availability of necessary labor, material, and equipment for the removal, and for the installation of the underground facilities as may be occasioned thereby. After the hearing described herein and adoption of the resulting ordinance, the city shall cause to be delivered to all affected persons notice of the requirements of the ordinance.
(Ord. 277, passed 11-13-2017)
(A) General.
(1) Rule. When directed by the city, a right-of-way user shall promptly and, at his or her own expense, with due regard for seasonal working conditions, permanently remove and relocate his or her facilities in the right-of-way when it is necessary to prevent interference, and not merely for the convenience of the city, in connection with:
(a) A present or future city use of the right-of-way for a public project;
(b) The public health or safety; or
(c) The safety and convenience of travel over the right-of-way.
(2) Restoration. The registrant shall restore any rights-of-way to the condition it was in prior to removal and relocation. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minn. Rules parts 7819.3100, 7819.5000, and 7819.5100, to the extent the rules do not limit authority otherwise available to cities.
(B) Relocation schedule notification procedure. The Planner shall notify the registrant or permit holder at least three months in advance of the need to relocate existing facilities. The Planner shall provide a second notification to the registrant or permit holder one month before the date by which the relocation must be completed. To the extent technically feasible, all utilities must be relocated within one month or in a time frame determined by the Planner.
(C) Delay to city project. If the owner fails to meet the relocation schedule due to circumstances within the utility’s control, the city may charge the utility owner for all costs incurred by the city because the relocation is not completed in the scheduled time frame.
(D) Joint trenching. All facilities shall be placed in appropriate portions of the right-of-way so as to cause minimum conflict with other underground facilities. When technically appropriate and no safety hazards are created, all utilities shall be installed, constructed, or placed within the same trench. Notwithstanding the foregoing, gas and electric lines shall be placed in conformance with Minn. Rules part 7819.5100, subd. 2, governing safety standards.
(E) Corridors. The city may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that are or, pursuant to current technology, the city expects will be, located within the right-of-way.
(1) All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. A typical crossing section of the location for utilities may be on file at the Planner’s office. This section is not intended to establish “high density corridors”.
(2) Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the city may remain at that location until the city requires facilities relocation to the corridor pursuant to relocation authority granted under Minn. Rules part 7819.3100 or other applicable law.
(F) Limitation of space. To protect the public health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making the decisions, the city shall strive, to the extent possible, to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public’s needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest.
(Ord. 277, passed 11-13-2017)
In addition to complying with the requirements of M.S. §§ 216D.01 through 216D.09 (“One-Call Excavation Notice System”), as they may be amended from time to time, and Minn. Rules part 7560.0150, before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall be responsible to mark the horizontal placement of all the facilities, to the extent technically feasible. To the extent his or her records contain the information, each registrant shall provide information regarding the approximate vertical location of his or her facilities to excavators upon request. Nothing in this section is meant to limit the rights, duties, and obligations of the facility owners or excavators as set forth in M.S. §§ 216D.01 through 216D.09, as they may be amended from time to time.
(Ord. 277, passed 11-13-2017)
(A) When the Planner does work in the right-of-way and finds it necessary to maintain, support, or move a registrants’ facilities to carry out the work, while reducing the likelihood of damage to the registrant’s facilities, the city shall notify the registrant as soon as reasonably possible. The city’s costs associated therewith will be billed to the registrant, and must be paid within 30 days from the date of billing.
(B) Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which his or her facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the city’s response to an emergency occasioned by that registrants’ facilities.
(Ord. 277, passed 11-13-2017)
(A) Reservation of right. If the city vacates a right-of-way which contains the equipment or facilities of a registrant or permit holder, and if the vacation does not require the relocation of the registrant’s or holder’s equipment or facilities, the city shall reserve, to and for itself, and all registrants or permit holders having equipment and facilities in the vacated right-of-way, the right to install, maintain, and operate any equipment and facilities in the vacated right-of-way, and to enter upon the right-of-way at any time for the purpose of reconstruction, inspecting, maintaining, or repairing the same.
(B) Relocation of facilities. If the vacation requires the relocation of the registrant’s or holder’s equipment or facilities; and if the vacation proceedings are initiated by the registrant or permit holder, the registrant or permit holder must pay the relocation costs; if the vacation proceedings are initiated by the city, the registrant or permit holder must pay the relocation costs unless otherwise agreed to by the city and the registrant or permit holder; or if the vacation proceedings are initiated by a person or persons other than the registrant or permit holder, the person or persons must pay the relocation costs.
(Ord. 277, passed 11-13-2017)
(A) Discontinued operations. A registrant who has determined to discontinue operations in the city must either:
(1) Provide information satisfactory to the Planner that the registrant’s obligations for his or her equipment and facilities in the right-of-way under this chapter have been lawfully assumed by another registrant; or
(2) Submit to the Planner an action plan for the removal or discontinuance of equipment and facilities. The Planner shall require removal of the equipment and facilities if the Planner determines the removal is necessary to protect the public health, safety, and welfare. The Planner may require the registrant to submit a surety consisting of an irrevocable letter of credit or a cash deposit to be held in escrow in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the equipment and facilities.
(B) Discontinued facilities. A right-of-way user shall notify the city when facilities are to be discontinued. A right-of-way user that has discontinued facilities in a right-of-way shall remove them from that right-of-way during the next scheduled city excavation if required in conjunction with other right-of-way repairs, excavation, or construction, unless this requirement is waived by the city.
(Ord. 277, passed 11-13-2017)
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